{"data":{"id":"us-ky/krs-262.430","jurisdiction":"us-ky","citation":"KRS 262.430","heading":"Board may file petition to compel observance of land-use regulations.","body":"(1) Where a board finds that any of the provisions of land -use regulations are not being\nobserved on particular lands, and that the nonobservance tends to increase erosion\non those lands and is interfering with the prevention or control of erosion on other\nlands within the district, the board may present to the Circuit Court of the county in\nwhich the lands of the defendant lie a verified petition setting forth the adoption of\nthe ordinance prescribing land -use regulations, the failure of the defendant\nlandowner or occupier to observe the regulations and to perform particular work,\noperations or avoidances as required by the regulations, and that such\nnonobservance tends to increase erosion on the lands and is interfering with the\nprevention or control of erosion on other lands within the district. In all cases where\nthe person in possession of lands is not the owner, the owner of the lands shall be\njoined as party defendant. The petition shall pray the court to require the defendant\nto perform the work, operations or avoidances within a reasonable time and to order\nthat if the defendant fails to perform the board may go on the land, perform the\nwork or other operations, or otherwise bring the condition of the lands into\nconformity with the regulations, and recove r the costs and expenses thereof, with\ninterest, from the defendant.\n(2) Upon the presentation of the petition, the court shall cause process to be issued\nagainst the defendant and shall hear the case. If it appears to the court that testimony\nis necessary for the proper disposition of the matter, it may take evidence or appoint\na referee to take such evidence as it may direct, and report the evidence to the court\nwith his findings of fact and conclusions of law, which shall constitute a part of the\nproceedings upon which the determination of the court shall be made.","path":["KRS Chapter 262"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=12752","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:53:11Z","sha256":"225ef7915b6bddf63eb8df6a83937229d07de52a0048ae49d69156e5edd60a49","source_id":"us-ky","stale":false,"prev":"us-ky/krs-262.420","next":"us-ky/krs-262.440"},"notice":"GroundRules: Original legal text. Not legal advice."}